2010 Mississippi Code
TITLE 73 - PROFESSIONS AND VOCATIONS
Chapter 71 - Acupuncture Practice Act [Repealed effective July 1, 2013].
73-71-35 - Disciplinary proceedings; penalties; order to compel mental or physical examination [Repealed effective July 1, 2013].

§ 73-71-35. Disciplinary proceedings; penalties; order to compel mental or physical examination [Repealed effective July 1, 2013].
 

(1)  Disciplinary proceedings under this chapter shall be conducted in the same manner as other disciplinary proceedings are conducted by the State Board of Medical Licensure. 

(2)  When the board finds any person guilty of any of the acts set forth in Section 73-71-33, it may then enter an order imposing one or more of the following penalties: 

(a) Refusal to certify to the board an application for licensure; 

(b) Revocation or suspension of a license; 

(c) Restriction of practice; 

(d) Imposition of an administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate offense; 

(e) Issuance of a reprimand; 

(f) Placement of the acupuncture practitioner on probation for a period of time and subject to the conditions as the board may specify. 

(3)  In enforcing this chapter, upon finding of the board that probable cause exists to believe that the licensee is unable to serve as an acupuncture practitioner because of committing any of the acts set forth in Section 73-71-33 or any of the crimes set forth in Section 73-71-37, the board shall have to issue an order to compel the licensee to submit to a mental or physical examination by a physician designated by the board. If the licensee refuses to comply with the order, the board's order directing the examination may be enforced by filing a petition for enforcement in any court of competent jurisdiction. The licensee against whom the petition is filed shall not be named or identified by initials in any public court record or document, and the proceedings shall be closed to the public unless the licensee stipulates otherwise. The board shall be entitled to the summary procedure provided in applicable state law. An acupuncture practitioner affected under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of acupuncture with reasonable skill and safety of the patients. In any proceeding under this subsection, neither the record of proceedings nor the orders entered by the board shall be used against the acupuncture practitioner in any other proceeding. 

(4)  The board shall not reinstate the license of an acupuncture practitioner, or cause a license to be issued to a person it has deemed to be unqualified, until such time as the board is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that he or she is capable of safely engaging in the practice of acupuncture. 
 

Sources: Laws, 2009, ch. 447, § 18, eff from and after July 1, 2009.